Murder Charges

Being charged with murder is one of the most serious criminal offences under the Canadian Criminal Code. The consequences are severe: a conviction carries a mandatory sentence of life imprisonment, along with a minimum period of parole ineligibility.

Every case, however, is unique. The circumstances surrounding the death, the accused’s intent, the evidence gathered by police, and the available legal defences can all have a significant impact on the outcome of the case.

What is a homicide?

Under Canadian law, any death caused by the actions of another person constitutes a homicide. However, not every homicide is a criminal offence.

The Criminal Code distinguishes between:

• non-culpable homicide;
• murder;
• manslaughter; and
• infanticide.

The legal classification depends primarily on the accused’s intent, state of mind at the time of the events, and the circumstances surrounding the death.

Murder

Murder is a culpable homicide committed with the intent to cause death, or to cause bodily harm that the offender knows is likely to cause death while being reckless as to whether death results.

Intent is often the central issue in a murder trial. The Crown must prove the required intent beyond a reasonable doubt.

Depending on the circumstances, the defence may challenge:

• whether the accused had the required intent to kill;
• the reliability and credibility of witness testimony;
• forensic and medical expert evidence;
• statements obtained by police;
• the legality and admissibility of evidence gathered during the investigation.

First-Degree Murder

First-degree murder is the most serious form of murder. It includes, among other things, murders that are planned and deliberate.

Consequences

A conviction for first-degree murder carries:

• a mandatory sentence of life imprisonment; and
• no eligibility for parole until at least 25 years have been served.

Second-Degree Murder

Second-degree murder includes all murders that do not meet the legal requirements for first-degree murder.

Although the murder may not have been planned or deliberate, the Crown must still prove the required criminal intent beyond a reasonable doubt.

Consequences

A conviction also carries a mandatory sentence of life imprisonment.

The court determines the period of parole ineligibility, which generally ranges from 10 to 25 years depending on the circumstances of the case.

Manslaughter

Manslaughter is a culpable homicide that is neither murder nor infanticide.

A person may be charged with manslaughter when a death results from, for example:

• the commission of an unlawful act;
• the excessive use of force;
• criminal negligence in certain circumstances; or
• a physical altercation that results in death without an intention to kill.

The distinction between murder and manslaughter is often one of the most significant issues before the court and can have a profound impact on the outcome of a case.

Consequences

In most cases, manslaughter does not carry a mandatory minimum sentence, although mandatory minimum penalties may apply in certain circumstances, including where a firearm is used.

Manslaughter remains punishable by a sentence of up to life imprisonment.

Why Experienced Legal Representation Matters

Homicide cases are among the most complex matters in criminal law.

They frequently involve:

• psychiatric assessments;
• forensic pathology and medical evidence;
• scientific and DNA evidence;
• ballistics experts;
• hundreds or even thousands of pages of disclosure;
• police interviews and statements; and
• constitutional issues involving rights protected under the Canadian Charter of Rights and Freedoms.

An effective defence requires a careful and comprehensive review of every aspect of the Crown’s case in order to identify weaknesses in the evidence, challenge the admissibility of evidence where appropriate, and advance every available legal defence.